QUESTION

HOA is restricting me from putting up a vinyl fence.

Asked on Aug 22nd, 2012 on Business Law - Maryland
More details to this question:
Submitted request 2 times with pictures. Turned down both times. Covenants say the the fences must be of wood and natural appearance. They have violated there own covenants because the rec area has a chain link fence and an open vinyl fence exist in the area. I have gotten a petition signed by more the 2/3 of the homeowners approving my vinyl fence. The president says that it doesn't count that it has to be come kind of proxy. I have read the covenants and restrictions and articeture guidelines and I stated that I didn't see where that didn't count and could he show me where it said it wasn't valid. He said this would have to be a policy change but the rules say that technological advancements may be taken into consideration. I have not heard from him. They have approved my neighbors deck across the street that is made of composite material. The covenants clearly state that it should be water resistant wood.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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You will need to engage the services of an attorney to press this matter. That will require a close reading of the terms of the covenants and strict compliance with the consent procedure, or proxy procedure, as required by those covenants. See an attorney. You should not count on the existence of other waivers or non-compliances as an excuse for you to do as you wish.
Answered on Aug 22nd, 2012 at 9:57 PM

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